PRESENTATIONS and PUBLICATIONS

  

Publications

 

Book

 

Chapter on "Insurance for Computer Related Risks" in "Computer Law for Vendors of Software and Hardware" published by Prentice-Hall Law & Business (publication in October, 1994, updated in October, 1995)  (An older item which is still a relevant introduction to the subject)

Journal

 

Editor-in-Chief, "Internet and Computer Litigation Journal" of the American Bar Association's Section of Litigation, Committee on Internet and Computer Litigation, 2000-2005.

Associate Editor, "Computer Performance Litigation" section of the "Computer Litigation Journal" published quarterly by the American Bar Association's Section of Litigation, Committee on Computer Litigation, 1994-2000.  Author of the quarterly column on "Recent Developments in Computer Litigation"
 

Paper

 

"Function Design Document: Toward Better Documentation for Data Processing Contracts", Conference Proceedings of the International Conference on Systems Documentation, January 22-23, 1982.
 

Articles

 

"Strategies For Managing Calif. Litigation As Courts Reopen", Law 360 - June, 2020

"Don't Be Left Naked When It Comes To Insurance Coverage", Buchalter Nemer Client Alerts - July, 2012

"An Updated Practical Guide to ICPIC (Independent Counsel Paid by Insurance Company) In California", Law 360 - May, 2009

"Can Courts Require Insurers to Personally Attend Mediations?", Coverage, ABA Section of Litigation Committee on Insurance Coverage Litigation, September/October, 2008.

"Bracing for the Invasion of the Millennium Bug", Insurance Litigation, April, 1998

"Critical Path to Mediating High-Tech Disputes", ABA Computer Litigation Journal, February, 1998 (written by Raymond L. Ocampo, Jr., litigator's comments by Steven Brower)

"Beyond Awareness: Ten Management and Ten Legal Pitfalls Regarding the Year 2000 Computer Problem That You May Not Have Considered, YET!", co-author Warren S. Reid, http://www.year2000.com, March, 1997, reprinted in more than 25 publications and web sites [that was a relevant number as recently as 1997 - lots of change in the last 20 years]

"9 Legal Issues Regarding The Year 2000 Problem", ABA Computer Litigation Journal, December, 1996.

"Insurance Issues for the Computer Industry", Boston Bar Journal, September/October 1989.

"Software Malpractice: Headline of the Future?", Software in Healthcare, February/March 1984.

"Contracting for Data Processing in Healthcare", WLE Health Law Outlook, October 1983.

Seminars and Presentations

 

"Securing Social Media Admissions: Investigative Strategies, Spoliation Warnings and Use of Subpoenas to Obtain Evidence," November and December, 2017 Webinar. 

Keynote Speaker on Issues in Cybersecurity and Panelist on "Search Strategies for E-Discovery", October 2017, Ing3nious Information Governance Conference, Laguna Beach, CA

Keynote Speaker on Interesting Issues in Cybersecurity and Panelist on "Human Factors in Cybersecurity", August 2017, Ing3nious Information Governance Conference, Monterey, CA

Keynote Speaker on Interesting Issues in Cybersecurity and Panelist on "Human Factors in Cybersecurity", June 2017, Ing3nious Information Governance Conference, Washington, DC

Keynote Speaker on Interesting Issues in Cybersecurity, March 2017, Ing3nious Information Governance Conference, Austin, TX

"Ethical Issues in Insurance Defense", January 2017, Guest Lecturer at the UCLA School of Law, Los Angeles, CA

"War Stories on Insurance Coverage Cases", July 2016, Association of Corporate Counsel (ACC) SoCal, Southern California

"Word Search in E-Discovery", March 2016, Ingenious E-Discovery Seminar, Newport Beach, CA

"Unique Issues in E-Discovery", March 2016, Exchange, San Francisco, CA

"Communicating With Your IT Department - Issues for In-House Counsel", January 2016, ACC SoCal In-House Seminar, Los Angeles, CA

"Using E-Discovery To Find The Key Documents To Win Your Case", August 2015, Ingenious Seminars, San Diego, CA

Moderator of Ethics Roundup Plenary Session, March 2015, ABA Section of Litigation, Committee on Insurance Coverage, Tucson, AZ

"Ethically Kicking Your Opponents Butt - War Stories About Winning Cases", October 2014, Association of Corporate Counsel, Multiple So Cal Locations

Moderator of "Judges Panel", March 2014, ABA Section of Litigation, Insurance Coverage Committee, Tucson, AZ

"Suing John Doe: Getting The Social Media Evidence", August 2013, American Bar Association Annual Meeting, Section of Science and Technology, San Francisco, CA

"E-Discovery" Program Track Chairman, July 2013, Electronic Discovery (now Ingenious), Laguna Beach, CA

"Litigation - Winning Your Case And Getting It Paid For By Insurance", April 2013, Buchalter Nemer Brownbag Series, Orange County, CA

"Winning Your Case - Intellectual Property War Stories", April 2013, Association of Corporate Counsel, Orange County and Los Angeles, CA

"Using E-Discovery in Business Litigation Cases", March, 2013, Executive Counsel, San Francisco, CA

"Jury Selection and Social Media", February 2013, ABA Section of Litigation Committee on Corporate Counsel, Miami, FL

":50 Tips About Business Insurance Coverage That Every Risk Manager Wants To Know", October 2012, RIMS, Orange County, CA - This is one of the top rated presentations at the Annual Convention of RIMS, presented to the local chapter for the first time

"Winning Litigation and Getting The Insurance Coverage You Paid For", August 2012, Buchalter Nemer Brownbag Teleconference Series

"50 Tips About Business Insurance Coverage That Every Risk Manager Wants to Know", April 2012, RIMS Annual Conference, Philadelphia, PA

"Litigating Intellectual Property Cases - Strategy and Cost Control", March, 2012, Association of Corporate Counsel, Orange County & Los Angeles, CA

"Ediscovery", April 2012, Private Seminar Provider, San Francisco, CA

"How to Use BN Search for Attorneys", March 2012, In-House Seminar for Partners and Associates, Los Angeles, CA

"Advanced Tips for Litigating Insurance Coverage Cases", March 2012, ABA Section of Litigation Committee on Insurance Coverage Litigation, Tucson, AZ

"Representing Entities Before The Courts", February 2012, ABA Section of Litigation Committee on Corporate Counsel Annual Meeting, Carlsbad, CA which included organizing and moderating the judicial panel including Chief Judge Alex Kozinski (9thCircuit), Judge Joseph A. Greenaway, Jr. (3rd Circuit), Magistrate Judge Jay C. Gandhi (Central District of California), Judge Carolyn B. Kuhl (Asst. Presiding Judge, Civil, Los Angeles Superior Court), Judge William F. Highberger (Complex Civil Panel, Los Angeles Superior Court)

"Winning in Litigation and Getting Insurance to Pay For It", September 2011, Private Seminars for General Counsel, Los Angeles and Orange County

"50 Tips About Business Insurance Coverage That Every Risk Manager Wants To Know", May 2011, RIMS Annual Conference, Vancouver, B.C.

"Basic Deposition Strategies and Advanced Tips", April 2011, Buchalter Nemer Litigation Department, Los Angeles, CA

"Ethical Tensions in E-Discovery" and "Cost and Risk Containment Issues", March 2011, San Francisco, CA

"50 Tips About Business Insurance Coverage That Every Risk Professional Needs To Know", RIMS Annual Conference, April 2010, Boston, MA

"Insurance Coverage - What Every Litigator Needs To Know", Buchalter Nemer Litigation Group CLE, February 2010, Los Angeles, CA

"10 Tips To Improve Your Results In Litigation, While Still Lowering Your Costs", Buchalter Nemer Brown Bag Seminar Series, February 2010

"50 Tips About Business Insurance Coverage That Every In-House Counsel Wants To Know", Private Client Presentations, Los Angeles, Woodland Hills, Orange County & San Diego, September 2009

"Insurance Issues in a Food Contamination Recall", ABA Insurance Coverage Committee, March, 2009, Tucson, AZ

"Practical Issues in Electronic Discovery", Thomson/Daily Journal Records Management and E-Discovery Advanced Issues, February, 2009, Beverly Hills, CA

"Practical Issues in Electronic Discovery", Thomson Electronic Document Conference, December, 2008, San Francisco, CA

"Mock Trial - The Records Manager Appears in Court", ARMA Hawaii Chapter, May, 2008, Honolulu, HI

"50 Tips About Business Insurance Coverage That Every Risk Manager Wants To Know", RIMS Annual Conference, April, 2008, San Diego, CA

"Tips About Business Insurance Coverage That Every In-House Counsel Wants To Know", Private Presentation cosponsored by Willis, February, 2008, La Jolla, CA

"Advanced Issues in E-Discovery, Including Ethics", West Legalworks E-Discovery and Records Management Conference, December, 2007, San Francisco, CA

"Advanced Issues in E-Discovery, Including Ethics", West Legalworks E-Discovery and Records Management Conference, November, 2007, New York, NY

"50 Tips About Business Insurance Coverage That Every In-House Counsel Wants To Know", Private Presentation to in-house counsel, June, 2007, San Jose, Palo Alto and San Francisco

"Insurance Coverage for Technology Risks", Southwestern Law School Computer Law Conference, June, 2007, Los Angeles, CA

"E-Discovery - Finding All The Pieces for Healthcare", DW Harper Group, May, 2007, Costa Mesa, CA

"Records Management Mock Trial, Presented by IBM", AIIM Conference, April, 2007, Boston, MA

"Seeking and Avoiding Sanctions for Electronic Discovery", Legalworks and Daily Journal Advanced E-Discovery Conference, February, 2007, Beverly Hills

"50 Tips About Business Insurance Coverage That Every In-House Counsel Wants To Know", Private Presentation to in-house counsel, December, 2006, San Diego, Orange County and Los Angeles

"Electronic Trial Presentation" and "E-Discovery", Legalworks E-Discovery and Records Management Conference, December, 2006, San Francisco, CA

"Insurance Coverage Issues in Technology Litigation", 35th Annual World Computer and Internet Law Congress, IT Tech Law Association (fka Computer Law Association), May, 2006, San Francisco, CA

"Litigation Requirements for Records Retention and Electronic Discovery", NCHelp Legal Committee Meeting, March 2006, Palm Springs, CA

"Mock Trial: The RIMS Team Before Judge and Jury", Arizona Chapter of ARMA, March 2006, Phoenix, AZ - I prepared a mock trial which I have presented several times, including one presentation at a worldwide meeting of records managers for a Fortune 100 company and twice at the annual meeting of the American Records Management Association.  It involves a situation in which a corporation changes its records retention procedure and inadvertently destroys some important records.  Normally about ½ of the audience (all professional records managers) vote that monetary penalties should be imposed against the defendant.

"Mock Trial: The RIMS Team Before Judge and Jury", Greater Kansas City Chapter of ARMA, March 2006, Kans City, KS

"Cost Control for Electronic Discovery" and "Ethical Issues Arising in the Course of Electronic Discovery", First Annual E-Discovery and Trial Practice Forum, Thomson Legalworks, February 2006, Los Angeles, CA

"ADR for Intellectual Property Disputes", American Bar Association Section of Alternative Dispute Resolution, October, 2005, Las Vegas, NV

"Contract Drafting Lessons Learned from Litigation of Software Disputes", American Conference Institute, October, 2005, San Francisco, CA

"Mock Trial: The Interface Between Records Management and Litigation" [3 hour version] - Annual Meeting of ARMA, September, 2005, Chicago, IL

"Insurance Coverage Issues in Technology Litigation", Southwestern Law School First Annual Computer Law Conference, June, 2005, Los Angeles, CA

"Electronic Discovery Tools for the Advanced Litigator", Glasser LegalWorks, March 2005, San Francisco, CA

"Is the Tripartite Relationship a Reality or a Nightmare?", American Bar Association, Section of Litigation, Committee on Insurance Coverage Annual Meeting, February 2005, Tucson, AZ

"Web Security: Legal Restriction on Legitimate Security Investigation", RSA Conference, February 2005, San Francisco, CA

"Electronic Discovery", Glasser LegalWorks, December 2004, San Francisco, CA

"Mock Trial: The Interface Between Records Management and Litigation" [1 hour version] - Bay Area Chapter of ARMA, November 2004, Santa Clara, CA.

"Mock Trial: The Interface Between Records Management and Litigation" [8 hour version] - Big Sky Chapter of ARMA, November 2004, Missoula, MT

"Marketing Yourself: Choosing What You Do Best", Findlaw Legal Marketing Conference, October, 2004, Las Vegas, NV.

"Web Security: Legal Restrictions on Legitimate Security Investigation", Blackhat Convention, July 2004, Las Vegas, NV.

"Mock Trial: Records Management and the Legal System", Private Presentation, May 2004, Jersey City, NJ.

"New Tools In Electronic Discovery", Glasser LegalWorks, December 2003, San Francisco, CA

"Mock Trial: The Interface Between Records Management and Litigation", American Records Management Association Annual Meeting, October 2003, Boston MA

"Litigating A Preliminary Injunction - Getting Justice on a Half-Baked Record", American Bar Association Annual Meeting, August 2003, San Francisco, CA

"Electronic Discovery in a Less-Paper World", MEDMARC Annual Defense Counsel Meeting, June 2003, Asheville, NC

"Electronic Discovery - What It Is and How To Do It", Association of Defense Counsel of Northern California & Nevada, May 2003, Reno, NV

"New Tools and Techniques In Electronic Discovery", Glasser LegalWorks, December 2002, San Francisco, CA

"Electronic Discovery and Records Management", LA Chapter of the American Records Management Association, October 2002, Los Angeles, CA

"Software Failure: A Mock Trial with Percipient and Expert Witnesses", Computer Law Association Software Failure Litigation Conference, October 2002, Orlando, FL

"Legal and Ethical Issues for Records Managers", American Records Management Association Annual Meeting, September 2002, New Orleans, LA

"Ethical Issues in the Tripartite Relationship Between Attorneys, Insureds and Insurers", American Bar Association Section of Litigation, April 2002, Boston, MA

"Electronic Discovery and Ethics - How Does It Really Work?", American Records Management Association, March 2002, Long Beach, CA

"The Interface Between the Internet and Privacy - Does the Right to Privacy Still Exist?", American Bar Association Section of Litigation, March 2002, Tucson, AZ

"Electronic Discovery", California Continuing Education of the Bar, March 2002, Los Angeles and Anaheim, CA

"Defending the Deposition of a CEO in a Medical Products Litigation", MD&M Conference, February 2002, Anaheim, CA

"Issues in Electronic Discovery - Argument on a Motion to Compel", Glasser LegalWorks & Daily Journal, November 2001, San Francisco, CA
"Issues in Electronic Discovery", Glasser LegalWorks & Daily Journal, October 2001, San Francisco, CA

"21st Century Law Office - Use of Technology and the Ethical Implications", California Continuing Education of the Bar, September, 2001, San Diego and Anaheim, CA
"Electronic Discovery - New Federal Rules", Glasser LegalWorks, April, 2001, San Francisco, CA

"When to Settle, When to Sue", Mealey's Publications, IT Failures Conference, March, 2001, New Orleans, LA

"Issues in Electronic Discovery", Glasser LegalWorks, January, 2001, San Francisco, CA

"Litigation of Technology Claims", ABA CLE Center, January, 2001, Moderator and participant, national teleconference

"Issues in Electronic Discovery", Glasser LegalWorks, December, 2000, San Francisco, CA.

"Risk Management for Online Liability" and "Online Privacy - What Are the Real Issues?", Online Liability Conference, American Conference Institute, October, 2000, Chicago, IL.

"Issues in Litigation Representation of E-Business Companies", ABA Section of Litigation, ABA Annual Meeting, July, 2000, New York, NY.

"Recent Developments in Computer Performance Litigation", ABA Internet and Computer Litigation

Committee, ABA Annual Meeting, July, 2000, New York, NY.

"3 Secrets to Winning Your Technology Litigation", ABA Internet and Computer Litigation Committee, April, 2000, Seattle, WA